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A Red Light For Green Card Applicants?: Investigating the Proposed Change to the Green Card Process

A Red Light For Green Card Applicants?: Investigating the Proposed Change to the Green Card Process

What is a Green Card? 

A green card, also referred to as a Permanent Resident Card, is a physical card that grants individuals permission to live and work permanently in the United States. Named after the color of paper green cards were originally printed on in 1946, green cards are often a feasible path to U.S. citizenship, as green card holders can apply for U.S. citizenship after living in the U.S. for at least five years. In 2023, over 870,000 green card holders became U.S. citizens.

The steps to obtain a green card depend on whether an individual is applying within the U.S., called adjustment of status, or outside of the U.S., called consular processing. In the adjustment of status process, individuals fill out an application, which is usually accompanied by a sponsorship from a U.S. citizen close to the applicant, that is then reviewed by the U.S. Citizenship and Immigration Services (USCIS). Individuals eligible for a green card include relatives of U.S. citizens, skilled workers (with exceptions), physicians, religious workers, asylees, refugees, and victims of human trafficking, abuse, and other crimes. Other individuals may be eligible to apply for a green card under certain immigration statutes such as the diversity visa program. More than 50 percent of green card applicants in 2023 were relatives of U.S. citizens. 

What Change Has Been Proposed to the Green Card Process? 

On May 21, 2026, the USCIS published a policy memo detailing a change to the green card process for applicants located within the U.S. In the 6-page memo, the USCIS called the adjustment of status process “an act of administrative grace” and suggested individuals seeking a green card must now return to their home countries to wait for their application to be processed. The policy change follows other shifts in U.S. immigration policy under President Donald J. Trump, which have included increased funding for immigration enforcement and stricter medical screenings for visa applicants. Despite this policy change, the USCIS later clarified that many H-1b visa holders, or foreign individuals who received sponsorship by a U.S. employer to work in a specialty occupation, would be exempt from having to return to their home countries prior to applying for a green card. 

Who Supports Relocating Green Card Applicants?

Supporters of the change to the green card process include prominent USCIS officers such as USCIS Director Joseph Edlow, who said individuals in the U.S. temporarily “should pursue an immigrant visa through the proper channels in their home countries before being admitted as immigrants.” USCIS spokesman Zach Kahler applauded the policy change for staying consistent with the law and not “incentivizing loopholes.” Secretary of State Marco Rubio also defended the change during a visit to India, stating that it will make the U.S. immigration system more modern, efficient, and sustainable. 

Who Opposes Relocating Green Card Applicants? 

Critics of the change to the green card process include lawmakers like U.S. Representative Ted Lieu (D-CA), who tweeted that the policy change would lead to a “significant exodus of top researchers, scientists, and industry leaders” from the U.S. Representative Yvette Clarke (D-NY) shared similar critiques, arguing that the new policy would remove immigrants from the U.S’s economy. Representative Greg Stanton (D-AZ) pushed back against the policy change too, believing the change would make legal immigration to the U.S. more difficult. Besides lawmakers, immigration experts like David J. Bier argued that the policy change would “make America a less competitive place for business” while nonprofits like World Relief expressed fears that the policy change would separate families as members self-deport. 

How Will This Change Affect Immigration to the U.S. Moving Forward? 

Although the USCIS has not yet stated how soon the change to the green card process will go into effect, law firms specializing in immigration cases have already reported an influx in calls from concerned green card applicants who wonder whether the change applies to them. Without further updates from the USCIS, individuals married to U.S. citizens as well as international students remain most susceptible to being required to return to their home countries to apply for a green card. For these types of applicants, applying for a green card from an applicant’s home country could prove difficult if an applicant’s home country is one of the 75 countries for which the U.S. has stopped granting immigrant visas. Ultimately, immigration attorneys like Flavia Santos Lloyd anticipate the new policy change will slow down green card applications, raising questions about the U.S.’ future as a potential destination for green card seekers. 

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